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Sandra Baker v. Emilinda Lizardo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


February 16, 2011

SANDRA BAKER, APPELLANT,
v.
EMILINDA LIZARDO, RESPONDENT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered June 18, 2008.

Baker v Lizardo

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on February 16, 2011

PRESENT: PESCE, P.J., WESTON and GOLIA, JJ

Thejudgment, entered upon an arbitrator's award, dismissed the action.

ORDERED that the appeal is dismissed.

Plaintiff brought this small claims action to recover for damages she allegedly sustained as the result of defendant's removal of her property from a room plaintiff rented from defendant. The parties consented to arbitration and signed a consent form, which states that the arbitration award is final and that no appeal is permitted. A judgment was entered pursuant to the award by the small claims arbitrator in favor of defendant dismissing the action. The instant appeal by plaintiff ensued.

In view of the parties' waiver of the right of appeal, no appeal may be taken from the judgment of the Civil Court (see Patel v Do & Co NY Catering, Inc., 27 Misc 3d 132[A], 2010 NY Slip Op 50701[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; Santos v Ortiz, 3 Misc 3d 137[A], 2004 NY Slip Op 50513[U] [App Term, 2d & 11th Jud Dists 2004]; Molloy v Froyton, 124 Misc 2d 865 [App Term, 9th & 10th Jud Dists 1984]). Accordingly, the appeal is dismissed.

Pesce, P.J., Weston and Golia, JJ., concur.

Decision Date: February16, 2011

20110216

© 1992-2011 VersusLaw Inc.



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